AB 2387, as amended, Mullin. Vehicle equipment: supplemental restraint system components and nonfunctional airbags.
Existing law makes it a misdemeanor for a person to (a) install, reinstall, rewire, tamper with, alter, or modify for compensation, a vehicle’s computer system or supplemental restraint system, otherwise referred to as an airbag, so that it falsely indicates the supplemental restraint system is in proper working order; or (b) knowingly distribute or sell a previously deployed airbag or component that will no longer meet the original equipment manufacturing form or function for proper operation.
This bill would repeal these provisions and instead make it a misdemeanor for any person to knowingly and intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component, as defined, in any motor vehicle if the device is a counterfeit supplemental restraint system component or a nonfunctional airbag, as defined, or does not meet specified federal safety requirements. The bill would also make it a misdemeanor to knowingly and intentionally sell, install, or reinstall in a vehicle any device that causes the vehicle’s diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed.begin insert The bill would provide that its provisions do not affect any duties, rights, or remedies otherwise available at law.end insert By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27317 of the Vehicle Code is repealed.
Section 27317 is added to the Vehicle Code, to read:
(a) A person shall not knowingly and intentionally
4manufacture, import, install, reinstall, distribute, sell, or offer for
5sale any device intended to replace a supplemental restraint system
6component in any motor vehicle if the device is a counterfeit
7supplemental restraint system component or a nonfunctional airbag,
8or does not meet federal safety requirements as provided in Section
9571.208 of Title 49 of the Code of Federal Regulations.
10(b) A person shall not knowingly and intentionally sell, install,
11or reinstall in a vehicle, any device that causes the vehicle’s
12diagnostic systems to fail to warn when the vehicle is equipped
13with a counterfeit supplemental restraint
system component or
14nonfunctional airbag, or when no airbag is installed.
15(c) A violation of subdivision (a) or (b) is a misdemeanor
16punishable by a fine of up to five thousand dollars ($5,000) or by
P3 1imprisonment in a county jail for up to one year, or by both the
2fine and imprisonment.
3(d) An installation or reinstallation shall not have occurred for
4purposes of this section until the work is complete.
5(e) The following definitions shall apply for purposes of this
6section:
7(1) “Airbag” means a motor vehicle inflatable occupant restraint
8system device that is part of a supplemental restraint system.
9(2) “Counterfeit supplemental restraint system component”
10means a replacement supplemental restraint system component,
11including, but not limited to, an airbag that displays a mark
12identical or substantially similar to the genuine mark of a motor
13vehicle manufacturer or a supplier of parts to the manufacturer of
14a motor vehicle without authorization from that manufacturer or
15supplier, respectively.
16(3) “Nonfunctional airbag” means a replacement airbag that
17meets any of the following criteria:
18(A) The airbag was previously deployed or damaged.
19(B) The airbag has an electric fault that is detected by the
20vehicle’s airbag diagnostic systems when the installation procedure
21is completed and the vehicle is returned
to the customer who
22requested the work to be performed or when ownership is intended
23to be transferred.
24(C) The airbag includes a part or object, including, but not
25limited to, a supplemental restraint system component installed in
26a motor vehicle to mislead the owner or operator of the motor
27vehicle into believing that a functional airbag has been installed.
28(D) An airbag subject to a federal recall shall not be considered
29non functional for purposes of this section.
30
(D) The airbag is subject to the prohibitions of
subsection (j)
31of Section 30120 of Title 49 of the United States Code.
32(4) “Supplemental restraint system,” commonly referred to as
33an “SRS,” means a passive inflatable motor vehicle occupant crash
34protection system designed for use in conjunction with active
35restraint systems, as defined in Section 571.208 of Title 49 of the
36Code of Federal Regulations. A supplemental restraint system
37includes one or more airbags and all components required to ensure
38that an airbag works as designed by the vehicle manufacturer,
39including both of the following:
40(A) The airbag operates in the event of a crash.
P4 1(B) The airbag is designed in accordance with federal motor
2vehicle safety standards for the specific make, model,
and year of
3the motor vehicle in which it is or will be installed.
4
(f) This section does not affect any duties, rights, or remedies
5otherwise available at law.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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